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--- version:Edition 1+++ version:Filed@@ -1,20 +1,20 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 673+S D+SENATE BILL DRS45307-NB-141Short Title: Protect Physicians Voices/Freedom of Movement. (Public)Sponsors: Senators Burgin and Mayfield (Primary Sponsors).-Referred to: Rules and Operations of the Senate-March 26, 2025-*S673-v-1*+Referred to:++*DRS45307-NB-141*A BILL TO BE ENTITLED 1AN ACT TO MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER PROTECTION 2LAWS AND TO PROVIDE WHISTLEBLOWER PROTECTION AND EMPLOYMENT 3PROTECTIONS FOR HEALTH CARE PROFESSIONALS. 4The General Assembly of North Carolina enacts: 56-PART I. MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER 7+PART I. MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER 7PROTECTION LAWS 8SECTION 1. G.S. 75-1.1 is amended by adding a new subsection to read: 9"(c2) The learned profession ex ception of this section applies to health care providers, as 10@@ -22,7 +22,7 @@dental, or other health care that are subject to litigation under Article 1B of Chapter 90 of the 12General Statutes." 1314-PART II. PROVIDE WHI STLEBLOWER PROTECTIO N FOR HEALTH CARE 15+PART II. PROVIDE WHISTLEBLOWER PROTECTION FOR HEALTH CARE 15PROFESSIONALS 16SECTION 2.(a) Article 3 of Chapter 95 of the General Statutes is amended by adding 17a new section to read: 18@@ -44,32 +44,36 @@Appropriations Act of 2021, Public Law 116-260. 34c. Any outpatient department including a portion of a hospital operated 35as an outpatient department, on or off of the hosp ital's main campus, 36+FILED SENATE+Mar 25, 2025+S.B. 673+PRINCIPAL CLERKGeneral Assembly Of North Carolina Session 2025-Page 2 Senate Bill 673-First Edition+Page 2 DRS45307-NB-141that is operated under the hospital 's control or ownership and is 1classified as a Business Occupancy by the Life Safety Code of the 2National Fire Protection Association as referenced under 42 C.F.R. § 3482.41. 4d. Any hospital-owned medical practice. 5-(3) Medical sta ff bylaws. – A document that is required by a licensing, 6+(3) Medical staff bylaws. – A document that is required by a licensing, 6accrediting, or regulatory body that governs the organization and operation of 7a hospital's medical staff by defining the structure, roles, responsibilities, and 8relationships between the medical staff, stakeholders, hospital administration, 9and hospital governing board. 10(4) Stakeholder. – An incorporator, officer, director, shareholder, or employee of 11-a (i) professional corporation as defined by G.S. 55B-2 or (ii) domestic or 12+a (i) professional corporation as defined by G.S. 55B-2 or (ii) domestic or 12foreign entity that provides non-clinical services to a professional corporation 13as defined by G.S. 55B-2 rendering professional service under Article 1 of 14Chapter 90 of the General Statutes. 15(b) It is the policy of this State that health care professionals have the right to report 16violations of medical staff bylaws to appropriate authorities and make comments concerning 17-patient care for the protection of the public . Therefore , n o person, firm, corporation, or 18+patient care for the protection of the public . Therefore, n o person, firm, corporation, or 18unincorporated association, or a stakeholder, may subject a health care professional to adverse 19action including but not limited to withdrawal of hospital privileges , termination, demotion, 20compensation reduction, or hostile work environment for reporting a violation of medical staff 21bylaws or making comments concerning patient care." 22SECTION 2.(b) G.S. 95-241(a)(1) reads as rewritten: 23-"(a) No person shall discriminate or take any retaliatory action aga inst an employee 24+"(a) No person shall discriminate or take any retaliatory action against an employee 24because the employee in good faith does or threatens to do any of the following: 25(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 26proceeding or other action, or testify or provide information to any person 27@@ -80,7 +84,7 @@SECTION 2.(c) This Part is effective when it becomes law and applies to employers, 32employees, and prospective employees on or after that date. 3334-PART III. LIMITATIONS ON AGREE MENTS WITH HEALTH CA RE 35+PART III. LIMITATIONS ON AGREEMENTS WITH HEALTH CARE 35PROFESSIONALS 36SECTION 3.(a) Chapter 66 of the General Statutes is amended by adding a new 37Article to read: 38@@ -98,7 +102,7 @@engaging in certain types of employment or business activities for a specified 50period of time within a specified geographic area. 51General Assembly Of North Carolina Session 2025-Senate Bill 673-First Edition Page 3+DRS45307-NB-141 Page 3"§ 66-506. Nondisclosure agreements limited. 1(a) Any nondisclosure agreement entered into with a health care professional must 2explicitly state that it does not restrict the health care professional from reporting safety concerns, 3
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